THE PROBLEM OF RESPONSIBILITY FOR THE EXPROPRIATION OF LAND PLOTS FOR STATE OR MUNICIPAL NEEDS

The paper analyzes the problem of holding the state liable for obligations arising out of the infliction of harm (tort obligations) on the example of Case No. 302-ES20-6718 of the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation, 3 November 2020. This case concerns the problem of de facto seizure of private property, i. e. involving deprivation of possession, in connection with the needs of public authorities. Article 49 of the Land Code of the Russian Federation provides for a strictly limited (closed) list of grounds and Article 56.3 — conditions for seizure of land plots for state or municipal needs. In accordance with article 281 (1) of the Civil Code of the Russian Federation, a land plot may be expropriated for state or municipal needs only in the case of monetary compensation. The same idea is embodied in the sources of international law and Article 35 of the Constitution, which states that compulsory expropriation of property for state needs is possible only on condition of prior and equivalent compensation. Despite the existence of legislative regulation of questions of seizure of land plots for state or municipal needs, in most cases such actions of state authorities do not have sufficient legal grounds, the procedure and conditions of requisition are not fulfilled which is an essential infringement of constitutional right to inviolability of private property. The authors of this article give practical recommendations for private subjects (physical and legal persons) whose rights have been violated, i. e.: possible subject of claims, lists the legal grounds for the claim upholding, analyze the principles of equivalence and prior compensation, and conclude with the brief comparative legal analysis of German, American and Russian solutions to the problem of de facto seizures.

tort of state, seizure of a land plot for public needs, private property right, inviolability of private property, de facto seizures, regulatory seizures, compensation for private property seizure, public-legal entity, land plot, reimbursement of costs.

Gareev A. A., Ieroklis E. G. The problem of responsibility for the expropriation of land plots for state or municipal needs. Business. Education. Law, 2021, no. 3, pp. 285—288. DOI: 10.25683/VOLBI.2021.56.367.